Legal Question in Personal Injury in California
What are some of the Technical or Constitutional grounds that a person can use to appeal a denial of fee waiver for additional fees requested for Deposition, investigation, expert witnesses, by a judge in a civil, personal injury case; and how long does the applicant have to file an appeal to the CA. Superior Court?
4 Answers from Attorneys
The court does not impose any fees for such activities in civil cases. Those charges are made by the person you hire to do the work. You have no right to have the court system pay for those tasks.
As far as I know, there can be no fee waivers for private services such as depositions reporters, private investigators, expert witnesses, etc. Fee waivers are used for court-related (or county-related) services, such as fees for filing, court reporter, jury, and service of process by a sheriff or marshal.
On appeals, you would have to file the notice of appeal within 60 days of service of notice of entry of judgment or 180 days after entry of judgment, whichever is earlier. The same holds true for a writ of mandamus (i.e. asking the appellate court to require the judge to do something different than was done, originally).
I have this recurring dream. That I am a dentist, and I fritter away the hours posting answers to DentistGuru. Every now and then someone comes along and asks, "I have this cavity, can you tell me how I can fill it?" This question doesn't faze me, since everyone has the Constitutional right to use air-drive dental drills on their own teeth. So, instead of replying, "Fill your own cavity? Whaddayou, freakin' insane?" I tell them how to aim the drill, right through the enamel and dentin, all the way down into the pulp. What gets me though, is when these people want the government to pay for their own dental amalgam and new drill bits. They should be able to make do with used ones.
Stone cracks me up. By the way, you can't appeal to the Supreme Court. You have to get their permission first.